Legal Question in Family Law in California

refusing to sign MSA

Hello-

In my original petition, i stated that my husband, and i would only proceed through our divorce with a signed MSA. We went through great lengths to write a very detailed agreement. Well here it is, almost 4 years later, and he has yet to sign it. He defaulted, like forever ago. With the default declared, do i still need to re petition him? Or can I just go through with the rest of the paperwork as I would have, had he just signed the agreement as intended?


Asked on 4/02/06, 6:21 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: refusing to sign MSA

You will need to amend your petition to ask the court to divide the property and decide support. You must serve the amended petition on him. You can then proceed by default. However, the case will be dismissed after 5 years so you must proceed pronto. Good Luck, Pat McCrary

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Answered on 4/03/06, 11:21 am


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